Komati River Basin Water Resources Development and Utilization Act, 1992
Act 6 of 1992
- Published in Swaziland Government Gazette 903 on 25 September 1992
- Assented to on 9 September 1992
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Komati River Basin Water Resources Development and Utilization Act, 1992, and shall come into force on such date as the Minister may by Legal Notice in she Gazette appoint.
2. InterpretationIn this Act, unless the context otherwise requires—“Commission” means the Joint Water Commission established by the Joint Water Commission Treaty;“Government” means the Government of Swaziland;“Joint Water Commission Treaty” means the Treaty on the Establishment and Functioning of the Joint Water Commission between the Government of Swaziland and the Government of the Republic of South Africa as set out in the Second Schedule and includes amendments thereto from time to time;“Komati River Basin Treaty” means the Treaty on the Development and Utilization of the Water Resources of the Komati River Basin between the Government of the Republic of South Africa and the Government of Swaziland as set out in the First Schedule, and includes amendments thereto-from time to time;“Komati River Basin” means the drainage area of the Komati River and all its tributaries, upstream of its confluence with the Crocodile River near Komatipoort in the Republic of South Africa;“KOBWA” means the Komati Basin Water Authority established by the Komati River Basin Treaty;“Minister” means the Minister responsible for natural resources;“project” means the water storage project comprising the Driekoppies Dam on the Lomati River and the Maguga Dam on the Komati River together with the ancillary works referred to in section 4.
3. Minister to be responsible for project
4. Implementation of the project
5. Establishment of KOBWA
6. Personnel of KOBWASubject to the terms of the Komati River Basin Treaty, KOBWA shall engage such personnel as it considers necessary for the discharge of its functions under the Treaty.
7. Establishment of the Joint Water Commission
8. Funds for the implementation of project by GovernmentFunds may be provided from the Consolidated Fund or from such other sources as the Government considers appropriate to carry out such aspect of the project as the Government is required in terms of the Komati River Basin Treaty to execute
9. Environmental protectionThe Minister shall take all reasonable measures to ensure that the design, construction operation and maintenance of the project are, within Swaziland, compatible with the protection of the existing quality of the environment, and in particular the Minister shall pay due regard to the maintenance of the welfare of persons and communities which are immediately affected by the project.
10. Relocation of affected residents, roads, utilities etc.
12. Rights and duties of KOBWA and JWCFor the purposes of the implementation of the project the Government shall give full effect to the rights and duties of KOBWA and the Commission in accordance with the terms of the Komati River Basin Treaty and the Joint Water Commission Treaty.
13. Personnel of Government, KOBWA etc to have right of accessThe personnel including consultants and contractors of the Government or the Government of the Republic of South Africa or KOBWA or the Commission may be granted all powers, authorization, exemption and rights including access rights necessary for the design, construction, operation and maintenance of the project.
14. Obstruction of personnel of Government, KOBWA etc.Any person who obstructs, prevents or otherwise interferes with the personnel referred to in section 13 in the exercise of their rights and powers under this Act shall be guilty of an offence and liable on conviction to a fine not exceeding E5,000 or to imprisonment not exceeding 2 years or to both.
15. Damage to or interfering with the projectAny person who damages, destroys, interferes with or trespasses on the project and an appurtenant ancillary work to the project shall be guilty of an offence and liable on conviction to a fine not exceeding E50,000 or to imprisonment not exceeding 10 years or to both.
16. RegulationsThe Minister may by Legal Notice published in the Gazette make regulations for generally carrying out the principles and purposes of this Act.
History of this document
01 December 1998 this version
25 September 1992
09 September 1992